When special prosecutor Richard Peck withdrew all charges against former Ontario Attorney General, Michael Bryant resulting from Bryant’s killing of Darcy Allan Sheppard, he failed to warn the court and the public about the credibility and bias of the prime video expert in the case.

Peck based his decision in large part due to the analysis of former Vancouver police officer Grant Fredericks whose work has been scathingly discredited as flawed, and biased in favour of law enforcement officials.

Grant Fredericks was a Vancouver police officer from 1988 until 2000. He is now an instructor at the FBI National Academy, an advisor to the International Association of Chiefs of Police, and a principal instructor for the non-profit Law Enforcement and Emergency Services Video Association (LEVA).

Fredericks’ work has come under fire on both sides of the border as it has been repeatedly discredited. In the case of the death of Robert Dziekanski at the hands of the RCMP, Richard Peck acted as the special prosecutor. The Dziekanski case resulted in the dismissal of [Fredericks’] expert testimony and raised questions about “his cozy relationship with the Vancouver police.”

In a United States case involving the death of Otto Zehm, also at the hands of the police, the Justice Department argued that Fredericks offered his services to police and came to his conclusions before he finished analyzing the video of the incident.

“The gist of the Justice Department’s rebuttal is that Fredericks has a long record of bias in favor of embattled police officers and police departments, and that he regularly shapes his expert testimony accordingly.”

These shocking revelations raise credibility and bias issues surrounding the expert video evidence in the case against Michael Bryant. They create a perception of conflict of interest and special treatment for the former chief administrator of the justice system in the province.

After the trial and acquittal of Jian Ghomeshi much has been written and spoken regarding his lawyer Marie Henein and her work with another famous client, former Ontario Attorney General, Michael Bryant. In both cases the media attributed Henein’s success to her ability to find exculpatory evidence supporting her clients. The question that has not been addressed is why did Ghomeshi’s case go to trial but not Bryant’s? Why did Henein reveal her entire defence to the Crown in Bryant’s case, in order to avoid a trial but not in Ghomeshi’s case?

The simple answer would be that Henein felt the evidence, against Jian Ghomeshi (including the exculpatory evidence she had uncovered) was stronger than the evidence against Michael Bryant. The Crown in Ghomeshi’s case went to trial because they believed they had a reasonable prospect of conviction. The Crown in Bryant’s case, represented by special prosecutor Richard Peck and his Ontario agent Mark Sandler determined that there was no reasonable prospect of conviction.

Both defendants had the same lawyer, so let’s compare the strength of the evidence in each case.

On August 31, 2009, former Ontario Attorney General, Michael Bryant was involved in a road rage attack that killed cyclist Darcy Allan Sheppard. Bryant was arrested that evening but he did not make a statement to police. He would not make a statement until almost eight months later when he and his lawyers received complete and full disclosure of the Crown’s case. Bryant did however make a 911 call to police. After he successfully knocked Darcy Allan Sheppard off his car with a fire hydrant, Bryant fled to the Hyatt Hotel on Avenue Road just north of Bloor. It became the staging area for his defence.

Bryant described his actions in his book, “28 Seconds”

“So I turned right on Avenue Road and drove into the hotel’s circular driveway and found, I thought, sanctuary. I stopped the car and pulled up the emergency brake-for what would be the final time. I couldn’t find my cell phone. Susan offered hers.”

In a video interview with the Toronto Star, he said: “And so I pulled over and called 911. It was… police need to come and protect us.”

In his CBC interview with Amanda Lang he said: “So I drove in and called 911 and ah said, help, bring police..”

His lawyer, Marie Henein wrote in her article, “Split Seconds Matter,” “He drove to safety just around the corner to a hotel and called 911.”

What’s missing from all of these descriptions is that when Michael Bryant drove to the Hyatt Hotel, in what he described as a state of fear, he did not call 911 right away. He waited three minutes!

NOW Magazine has published new police video of Witness 9.12 in Michael Bryant’s killing of Darcy Allan Sheppard. The video is a police interview that took place a few hours after Bryant killed Sheppard.

Filmmaker Wayne Scott wrote an exclusive article for NOW regarding the release of this and other evidence in his upcoming documentary on the case.

From NOW:

“Much of what you will see and hear in Witness 9.12, the nine-minute video accompanying this story, is being viewed publicly for the first time.

Almost all of the material is from Toronto Police Service files relating to the 2009 investigation that led to criminal negligence causing death and dangerous driving causing death charges against former Ontario Attorney General Michael Bryant in the motor vehicle-related death of cyclist Darcy Allan Sheppard.

Virtually all of this information was buried from public view for five years after all charges against Bryant were withdrawn by Richard Peck, the specially-appointed, independent prosecutor from B.C. assigned to oversee the case.”

Allan Sheppard appeared on Jesse Brown’s CANADALAND to talk about newly revealed evidence to the public in the case against Michael Bryant.

Listen to the podcast on CANADALAND and read the transcript of the new audio

“CANADALAND has obtained two eyewitness accounts of the death of Darcy Allan Sheppard. Neither has been publicly released before. They tell a very different tale of the death of Darcy Allan Sheppard than what the media has previously reported. They are followed by an interview with Sheppard’s father, Allan Sheppard”

Episode Rundown

[00:00:20] “On August 31st, 2009 Darcy Allan Sheppard was killed on Bloor Street West. Michael Bryant the former attorney general of Ontario was charged with criminal negligence causing death and dangerous driving causing death. In the immediate aftermath much was made of Bryant’s reputation for pugnacious, aggressive behaviour the term road rage came up many times. The press paid close attention to the fact that Bryant almost instantly hired Navigator as his crisis PR team and Marie Henein as his criminal defense lawyer. But then as the days progressed the media’s focus shifted, it shifted away from Bryant’s reputation and onto Darcy Allan Sheppard’s. Sheppard we were told was a squeegee punk, bike messenger, a drunk also, aggressive and confrontational. Less than a year later all charges against Michael Bryant was dropped. The crown prosecutor proclaimed that Sheppard had been the aggressor and produced a photo of Darcy Allan Sheppard mohawked and half naked, screaming into the driver’s side window of a different car. Since then Michael Bryant has been telling his side of the story again and again.” Jesse

Wayne Scott has obtained and provided to CANADALAND audio tape of the two closest eyewitnesses to the initial altercation between Bryant and Sheppard.

In court, Richard Peck and Mark Sandler dismiss the following nineteen eyewitness statements as inconsistent. After reading these statements it appears Peck and Sandler expect witnesses to be robots, scientists and engineers.

On April 14, 2010 Mark Sandler told the court they would be re-interviewing witnesses. As we learn more it appears that Sandler did not interview most, if not all of these eyewitnesses. Why? We don’t absolutely know but it does appear that prosecutors, Mark Sandler and Richard Peck avoided any investigation that would prevent them from withdrawing the charges against Michael Bryant.

Michael Bryant

Note that:

NONE of the witnesses report Michael Bryant’s car stalling even once.

NONE of the witnesses report that Darcy Allan Sheppard was attempting to attack Michael Bryant

The text of the statements below are taken directly and entirely from the Police reconstruction report. Bryant Watch has not edited them in any way. All we have added is the word “Witness” in front of each witness number so that they are easier to separate.

———————————————————————————————————-

The following were summarized accounts of witness statements collected by the Toronto

Police Service.

Witness 9.1

in the center of the road (Bloor Street West east of Avenue Road).

Heard yelling, looked back towards the noise and saw a black convertible in oncoming traffic in the opposite lane.

Saw the convertible drive up onto the sidewalk half on and half off the road with man hanging off side of car hitting trees, post and mailbox attempting to get the guy off the car.

They went past my line of vision and I looked over and saw the guy lying on the ground in a pool of blood.

I told to call police.

I went up to the guy and told him not to move he was trying to get up.

It took 5-10 minutes for the Fire department to show up and they started first aid.

The car was black two door convertible basically a sedan, driving fast at least 60-70 with the guy hanging on.

Darcy Allan Sheppard’s father has released thepolice collision reconstruction report, officers’ memo books, summary records of 911 calls and other documents that point to questions about freelance prosecutor, Richard Peck’s explanation of his decision that relate to his son’s death.The police reconstruction report contains statements from nineteen eyewitnesses, none of whom mention Michael Bryant’s car stalling. Witnesses clearly paint Bryant as the aggressor, confirming what the surveillance video has already shown.

According to media reports of the court proceedings Michael Bryant received the police reconstruction report on or about March 5, 2010. According to Bryant’s book Mark Sandler interviewed him on March 23, 2010. It should be noted that the reconstruction report makes no mention of the possibility that Bryant’s car could have stalled. It seems this claim may have first been made on March 23, 2010.

Mr. BRYANT struck Mr. SHEPPARD not once, but twice from a stopped position on Bloor Street West east of the pedestrian signalized intersection which was captured on a building security cameras at#102 Bloor Street West.

There was no physical evidence, or independent witness statements suggesting Mr.SHEPPARD affected the steering of the Saab, or anything to suggest he physically attacked Mr. BRYANT.

BY ALLAN SHEPPARD JANUARY 17, 2018 FROM NOW MAGAZINE What was the Canadian Civil Liberties Association (CCLA) thinking when it chose Michael Bryant as its new executive director and general counsel? There was no formal statement issued by CCLA on the appointment, only a tweet January 11 stating that the organization is “thrilled” to have […]

IMBALANCE IN THE COURT ROOM (PART 3) The following is the first case in a series where we examine several of Richard Peck’s cases where he acted on behalf of the government as a special prosecutor. The analysis will demonstrate at the very least a perception that Peck may have a pro-accused viewpoint that may […]

IMBALANCE IN THE COURT ROOM (PART 2) After police charged former Ontario Attorney General Michael Bryant with criminal negligence causing death and dangerous operation of a motor vehicle causing death in relation to the death of cyclist Darcy Allan Sheppard, the Ministry of the Attorney General appointed BC criminal defence lawyer, and perennial independent […]

Michael Bryant’s killing of Darcy Allan Sheppard All of the tweets from this twitter essay are in this thread from the first tweet How Michael Bryant killed Darcy Allan Sheppard & the justice system was manipulated to set him free in less than 130 tweets #biketo #topoli — Mess Media (@MessengerMedia) September 29, 2016 […]

CALL FOR EXPERT ANALYSIS REPORTS TO BE RELEASED When special prosecutor Richard Peck withdrew all charges against former Ontario Attorney General, Michael Bryant resulting from Bryant’s killing of Darcy Allan Sheppard, he failed to warn the court and the public about the credibility and bias of the prime video expert in the case. Peck based […]

“Two-tier justice means that those who can afford a legal dream team can buy their way out of jail” – Michael Bryant After police charged former Attorney General Michael Bryant with criminal negligence causing death and dangerous operation of a motor vehicle causing death in relation to the death of cyclist Darcy Allan […]

On this date six years ago Special Prosecutor and experienced defence attorney, Richard Peck withdrew charges against former Attorney General Michael Bryant in the death of Darcy Allan Sheppard. Bryant was charged with criminal negligence causing death and dangerous operation of a motor vehicle causing death. Bryant’s actions were captured on surveillance vi […]

After the trial and acquittal of Jian Ghomeshi much has been written and spoken regarding his lawyer Marie Henein and her work with another famous client, former Ontario Attorney General, Michael Bryant. In both cases the media attributed Henein’s success to her ability to find exculpatory evidence supporting her clients. The question that has not been add […]

III Reasonable doubt? Or unreasonable certainty? As usual for me, this post is long—extra-long in this case because I have included extensive notes with almost twice as many words as the main tex… Source: Witness against the prosecution—Part III

Originally posted on 28 Questions: II – Enlightened justice at the end of the tunnel? Or darkness? In recalling the advice of Lord Mansfield (See Part I) Prof. Sen does not argue against giving reasons for official decisions; his book is an extended argument for full disclosure in the public interest and in the cause of justice. He…